Flight cancellations or delays due to airline strikes can be annoying, but there is good news for passengers. There is a regulation called EU 261 that protects you. It says that airlines are required to issue compensation if your flight is delayed or cancelled as a result of a strike. In this article, we will clarify what the EU 261 regulation is and how it can assist you.
Passenger Rights Under EU 261/2004
Now let’s explore the details of EU Regulation 261/2004. In the following sections, you will learn about your rights to compensation and what advantages you can expect in case of a flight disruption.
Right to Compensation
The European Union regulation stipulates that if you are covered by the EU 261/2004, you have a right to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. Notably, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.
JetSmart Flight Cancellation Compensation
According to EU Regulation 261, you may be eligible for compensation of up to €600 if your flight is cancelled and the airline does not notify you about the cancellation within 14 days before your scheduled travel date.
Yet, as it often happens, there are exceptions you should be aware of. In particular, the airline has a right to refuse compensation if they choose to offer you an alternative flight. However, this flight must also meet certain requirements:
- If your flight is over 3,500 km, your replacement flight must arrive at the point of destination with a delay of less than 4 hours;
- If your flight is 1,500-3,500 km, your replacement flight must arrive at the point of destination with a delay of less than 3 hours;
- If your flight is less than 1,500 km, your replacement flight must arrive at the point of destination with a delay of less than 2 hours.
If you agreed to the alternative flight provided by the airline but arrived at the final destination later than you were supposed to, you are still eligible to claim compensation.
The primary factors that affect the amount of compensation are the flight distance and the duration of the delay. Check the table below for compensation amounts:
| Under 2 hours | 2-3 hours | 3-4 hours | Over 4 hours | Never arrived | Distance |
| €125 | €250 | €250 | €250 | €250 | All flights 1,500 km or less |
| €200 | €200 | €400 | €400 | €400 | Internal EU flights over 1,500 km |
| €200 | €200 | €400 | €400 | €400 | Non-internal EU flights 1,500 km- 3,500 km |
| €300 | €300 | €300 | €600 | €600 | Non-internal EU flights over 3,500 km |
JetSmart Flight Delay Compensation
Delays due to airline strikes of any duration can be frustrating and may seriously affect your itinerary. You are entitled to compensation if the flight delay caused by an airline strike lasts at least three hours.
As for the possible compensation amount that passengers could be entitled to, there are two crucial factors to consider: the duration of the delay and the flight distance. See the table provided below for compensation amounts:
| Less than 3 hours | Between 3-4 hours | Over 4 hours | Distance |
| €0 | €250 | €250 | All flights up to 1500 km |
| €0 | €400 | €400 | All flights between 1500 km and 3500 km |
| €0 | €400 | €400 | All intra-EU flights over 3500 km |
| €0 | €300 | €600 | All non-EU flights over 3500 km |
Ticket Refund or Alternative Transportation
In the rare cases when a passenger’s flight is either cancelled or delayed for 5 or more hours, the passenger obtains more significant rights. There are two options for you to choose from:
- You can refuse the delayed or cancelled flight and choose a full refund, meaning that you will also cancel your planned trip, and there won’t be a financial penalty for this.
- You can agree to use an alternative flight that the airline arranges for you.
As you can see, you have the right to choose the option that meets your needs.
Right to Care
In addition to flight compensation for a cancelled or delayed flight due to an airline strike, passengers also have the right to care. Therefore, the airline is required to provide passengers with meals, drinks, and the opportunity to make two phone calls, fax messages, and emails. When your flight is rescheduled for the next day, the airline is obliged to provide you with a hotel, as well as transport between the airport and the hotel.
Upgrading and Downgrading
In some instances, it happens the airline might either downgrade or upgrade your flight’s class when offering an alternative flight. In these situations, you need to know about specific rules and your rights:
In case of upgrading: if your class has been upgraded, you aren’t required to pay extra for this benefit.
In case of downgrading: if your class is downgraded, the airline must reimburse you. Furthermore, the compensation in this case entirely depends on the distance of the flight:
- 30% of the cost of the flights that are 1,500 km or less;
- 50% of the cost of t is an intra-EU flight over 1,500 km; also, if these are all other flights that are 1,500-3,500 km;
- 75% of the cost of the flight is 3,500 km and more.
These regulations cover all flights inside the EU; additionally, these regulations cover flights that are either departing from or arriving in the European Union on airlines based in the EU.
When Are You Not Entitled to Compensation?
Unfortunately, you should know that in cases where the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could significantly affect aviation (it can be a national labor or air traffic strike); however, such occasions are not under the airline’s control, and it’s not its fault that this situation happens. Therefore, the airline is not required to pay compensation for disrupted flights.
Although many instances of strikes are not covered by EU261 and are classified as “extraordinary circumstances”, this doesn’t automatically mean that the airline will not provide compensation.
In line with the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove it has done everything possible to prevent a strike. If the airline cannot prove it, it is obliged to pay passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 261 covers all flights departing from EU airports. It also applies to flights arriving in the EU if the airline is based in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.
However, JetSmart is not a European airline. Therefore, they don’t have to issue compensation if their flights operate outside the European Union. This applies even to their flights to the European Union if they start outside the EU.
| Itinerary | Covered by EU 261 |
| Flights departing from EU airports | ✔️ Yes |
| Flights arriving at EU airports | ❌ No |
How to Get JetSmart Strike Compensation
Dealing with delayed or cancelled flights due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, proceed with these steps:
- Complete our form. You’ll need to provide flight details like your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will manage the process. We are well-versed in the EU laws well and will strive to get you your compensation. You are only charged if we win your case.
Recent Flight Delays and Cancellations
Was your flight delayed or cancelled due to the strike? Check our table for the latest flight delays and cancellations. Assess your right to compensation using our claim checker, and let us protect your rights and pursue compensation for you.
Did not find your flight in our table? Try our compensation form, and we will check it for you.
| Date | Flight number | Route | Status | Compensation |
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